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Full text of "North Carolina Register v.3 no. 13 (10/3/1988)"

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in 2011 witii funding from 

University of Nortin Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg313nort 



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OCT S 1985 

NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



EXECUTIVE ORDERS 



FINAL DECISION LETTER 




PROPOSED RULES 



Labor 



NRCD 



ISSUE DATE: OCTOBER 3, 1988 



Volume 3 • Issue 13 • Pages 594-606 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The Xurih Carulitia Register is published bi-monthly 
and contains information relating to agency, executive, 
legislati\ e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministiati\e rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ ided free of charge to each county in the state and to 
\arious state officials and institutions. The North 
Carolina Register is available by yearly subscription at 
a cost of ninety-five dollars (S95.00) for 24 issues. 

Requests for subscriptions to the North CaroUna 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agencN' intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing: a statement of how- 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
.Authority for the action and the proposed effecti\'e date. 

The Director of the Office of .Administrative Hearings 
has authority to publish a summary,', rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be a\ailable for 
public inspection at the Rules Division of the Office of 
Administrati\e Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute pro\ides other\\ise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Registerheiore the agencv 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for appro\al by 
the .Administrati\e Rules Review Commission. Upon ap- 
pro\ al of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantialh from the proposed form published 
as part of the public notice, upon request by the agen- 
cy', the adopted \ersion will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effectixe 
earlier than the first day of the second calendar month 
alter the adoption is filed \\ith the Office of Ad- 
ministrati\e Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agenc> at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary' rules. A temporar\ 
rule becomes effecti\e \\hen adopted and remains in 



effect for the period specified in the rule or 180 days, 
w hiche\'er is less. An agency adopting a temporary rule 
must begin normal rule-making procedures on the per- 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrati\e Code (NCAC) is 
a compilation and index of the administrati\e rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of w hich approximate- 
\y 35'^y is changed annually. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 
The NCAC is available in two formats. 
(1| Single pages may be obtained at a minimum 
cost of two dollars and 50 cents (S2.50) for 10 
pages or less, plus fifteen cents (SO. 15) per each 
additional page. 
(2) The full publication consists of 52 \olumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars (S750.00). In- 
dividual \olumes may also be purchased with 
supplement sen.ice. Renewal subscriptions for 
supplements to the initial publication a\ailable. 
Requests for pages of rules or \olumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statuton,- language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited b\" \'olume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 
refers to Volume 1. Issue 1, pages 101 through 201 of 
the North Carolina Register issued on ,April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrati\'e Hearings, P.O. 
Dra\\er 1 1666. Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Statutes. 
Subscriptions ninetx -fi\ e dollars (S95.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement serA ice by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions se\en hundred and fifty dollars 
(S7^0.00i. Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, \C 27604 

(919) 733- 2678 



Robert A. Melott, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Nlason, 

Director A PA Services 



ISSUE CONTENTS 



I. EXECUTIVE ORDERS 

Executive Orders 76-77 594 

11. FINAL DECISION LETTER 

Voting Rights Act 597 

III. PROPOSED RULES 
Labor 

Boiler and Pressure Vessel 598 

Elevator and Amusement 

Device Division 599 

Office of Occupational 

Safety and Health 598 

NRCD 

Environmental Management 599 

Wildlife Resources 

Commission 599 

IV. CUMULATLVE INDEX 603 



Staff: 

Ruby ("rccch, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



NORTO CAROLINA REGISTER 

Publication Deadlines and Schedules 

(September 1988 - March 19S9) 



Issue 


Last Day 


Last Day 


Earliest 


* 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


PubUc 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


++++++++ 


******** 


♦♦♦♦♦+♦♦ 


♦♦♦+♦+♦♦ 


♦♦+++♦+♦ 


09 01 88 


08/11/88 


08 18/88 


10,01/88 


01/01,89 


09,15,88 


08/26,88 


09,02/88 


10/15/88 


01/01/89 


10/03/88 


09/12/88 


09/19/88 


11/02/88 


02/01/89 


10/14/88 


09/26/88 


10/03/88 


11/13/88 


02/01/89 


11/01/88 


10/11 88 


10/18/88 


12/01 88 


03/01/89 


11 15 88 


10-26 88 


11,02 88 


12/15,88 


03/01/89 


12 01,88 


11,07,88 


11/15 88 


12/31/88 


04/01/89 


12.15,88 


1 1 23 88 


12'02/88 


01/14/89 


04-01/89 


01,02/89 


12,08,88 


12/15/88 


02/01/89 


05/01/89 


01 '16 89 


12/27/88 


01/03/89 


02' 15/89 


05/01/89 


02 01 89 


01/10/89 


01/17/89 


03 03/89 


06/01/89 


02 15 89 


01/26 89 


02 02 89 


03 17,89 


06/01/89 


03 01 89 


02/08, 89 


02 15 89 


03 31,89 


07 01,89 


03/15,89 


02/21,89 


03 02,89 


04,14,89 


07/01/89 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NUMBER 76 

AMENDMENT TO 

EXECUTIVE ORDER NO. 18 

EQUAL EMPLOYMENT OPPORTUNITY 

Executive Order No. 18 as promulgated July 1, 
1985, is amended to read: 

It is the policy of the State of North Carolina 
to provide equal employment opportunities for 
all State employees and for all applicants for 
State employment without regard to race, reli- 
gion, color, national origin, sex, age or handicap. 

As an employer the State has and continues to 
recognize that efficient and effective government 
requires the talents, skills and abilities of all 
available human resources. 

Policies have been adopted by the State Per- 
sonnel Commission and an equal employment 
opportunity program which emphasizes taking 
positive measures has been established to assure 
more equitable and fair representation of aU of 
our citizens. 

TTierefore, by the authority vested in me as 
Governor by the Constitution and laws of North 
CaroUna, it is ORDERED: 

Section 1. EQUAL EMPLOYMENT 

POLICIES AND PROGRAMS 

The State of North Carolina is committed to 
equal employment opportunity and the equal 
opportunity program to accomplish total equal 
employment in and throughout all aspects of its 
workforce. The policies and programs that have 
been adopted by the Personnel Commission 
represent the commitment of the State and must 
be complied with fuUy by ever}' State agency, 
department and university. 

Section 2. ADMINISTRATION 

A. Agencies 

The head of each agency, department or uni- 
versity is responsible for assuring that these poli- 
cies and programs are implemented fully and 
successfully throughout their organizations. 
Each agency or department employing 800 or 
more employees and each university shall ap- 
point a fuU time Equal Employment Opportu- 
nity Officer who shall have direct access to the 
agency, department or university head in the 
e\ent of or to report violations and shall provide 
the resources necessary to achieve program ob- 
jectives. Those agencies or departments with less 
than 800 employees shall designate a part-time 
Equal Employment Opportunity Officer who 
shall have direct access to the agency or depart- 
ment head in the event of or to report violations 



and shall provide resources necessary to achieve 
program objectives. 
The head of each agency, department or uni- 
versity shall take the positive measures that are 
established by the State Personnel Director, with 
approval of the State Personnel Commission, to 
ensure that equal opportunity is available in all 
areas of employment activities including recruit- 
ment, hiring, testing, training, transfer, perform- 
ance appraisal, promotion, demotion, 
comp>ensation, termination, layoffs and other 
terms, conditions, or privileges of employment. 
Such measures shall be undertaken to improve 
the representation of women, minority group 
members, handicapped and older persons in and 
throughout all levels of the State's workforce. 
Measures shall also be taken to ensure a work 
environment supportive of equal opportunity. 

B. Office of State Personnel 

The State Personnel Director is responsible for 
assisting the Slate's agencies, departments and 
universities in acliieving equal employment op- 
p)ortunity objectives through: 

(1) establishing policies, guidelines and pro- 
grams with the Persormel Commission's ap- 
proval; 

(2) evaluating and monitoring program effec- 
tiveness; 

(3) providing technical assistance and training; 

(4) identifying and recommending steps to cor- 
rect salary inequities among minorities, fe- 
males and white male employees within 
occupational categories; and 

(5) providing instruction for managers and 
supervisors on management practices which 
support equal employment opportunity. 
Salary inequities found to exist will be called 
to the attention of the involved agency, de- 
partment or university, for appropnate cor- 
rective action. 

Section 3. REPORTS AND RECORDS 
The State Personnel Director shall communi- 
cate with the Governor, the agency, department 
and university heads on the implementation and 
resuhs of the Equal Employment Opporturnty 
program and provide an annual analysis of the 
program's progress. 

Section 4. CITIZEN CONTRIBUTION 
The North Carolina Human Relations Council 
shall advise and assist the Governor and the Of- 
fice of State Personnel in the implementation of 
the State's Equal Employment Opportunity pro- 
gram, thereby assuring citizen contributions to 
the program. 



NORTH CAROLINA REGISTER 



594 



EXECUTIVE ORDERS 



Section 5. VHIERAN'S PREFERENCES 

Nothing in this Order shall be construed to re- 
peal or modify any Eederal, State, or local laws, 
rules or regulations creating special rights or 
preferences for veterans. 

Section 6. PRIOR ORDERS 

AU prior ['Executive Orders or portions of prior 
Executive Orders inconsistent are hereby re- 
pealed. 

Done in the Capital Citv of Raleigh, this the 
14th day of September 1988. 



EXECL TIVE ORDER NO. 77 

AMENDMENT TO 

EXECCTIVE ORDER NO. 34 

GONERNOR'S PROGR.\M TO ENCOURAGE 

BUSINESS ENTERPRISES OWNED BY 

MINORITY, WOMEN AND HANDICAPPED 

PERSONS 

Executive Order No. 34, as promulgated Feb- 
ruary 27, 1987, is amended to read' 

It is my policy that the State of North Carolina 
shall enhance and promote economic opportu- 
nities for all of its citizens without regard to race, 
gender or handicap. 

Therefore, by the authority vested in me as 
Go\'enior bv the Constitution ano laws of North 
Carolma, it is ORDERED; 

Section 1. FSTABIISH.MENT 

(a) There is hereby established the Governor s 
Program to Encourage Business Enterprises 
Owned and Controlled by Minorities, Women 
and Handicapped Persons. 

(b) The Program shall be coordinated by the 
Governor's Special Assistant for Minority .Aifairs 
and administered by the Division of Purchase 
and Contract, the State Construction Office and 
the State Property Office. This Program shall 
have three components, the Purchase and Con- 
tract component, the Stale Construction com- 
ponent and the State Real Estate Acquisitions 
component. 

(c) The pur}->oscs ol the Program are as follows: 

(1) to increase the amount of goods and ser- 
vices acquired by the State from business 
owned and controlled by minorities, 
women and handicapped persons; 

(2) to increase the amount of construction 
contracts awarded to minority, women 
and handicapped contractors and sub- 
contractors; 

(3) to ensure the absence of bamers that re- 
duce participation of minorities, women 



and handicapped persons in the State's 
purchasing process; 

(4) to ensure the absence of barriers that re- 
duce participation of minority, women 
and handicapped contractors and sub- 
contractors in the construction contract- 
ing process; 

(5) to encourage the purchasing officers within 
the State's agencies, departments and uni- 
versities and the State Construction Office 
and the State Property Office to identify 
prospective minorities, women and hand- 
icapped \endors and service providers, 
construction contractors and sub- 
contractors and related professionals, and 
real estate agents, brokers and appraisers; 

(6) to ensure the absence of barriers that re- 
duce the participation of minority, women 
and handicapped persons in any and all 
aspects of the real estate acquisition proc- 
ess; 

(7) to promote avsareness among minorities, 
women and handicapped persons of op- 
portunities to do business with State gov- 
ernment. 

(d) The program objective for fiscal year 
1988-89 is for businesses owned and controlled 
by minorities, women and handicapped persons 
to receive a minimum of four percent by amount 
of the State's purchases of goods and ser\'ices 
under the Purchase and Contract component. 

(e) The objectives of the State Construction 
component are to establish policies and proce- 
dures to encourage the participation of minori- 
ties, women and handicapped in the State's 
construction contracts and sub-contracts and to 
accumulate data to allow the establishment of 
reasonable goals for such participation in the fu- 
ture. 

(f) The objectives of the Real Estate Acquisi- 
tion component are to establish written real es- 
tate acquisition policies and procedures to effect 
the pur{>oses of this Executive Order. 

Section 2. ADMINISTR.\TION 

(a) The Secretary of Administration and each 
agency, department and university head shall 
provide requested information and reports to the 
( jovemor's Special Assistant for Minority .\ffairs 
tor the implementation of this Program. 

(b) The Division of Purchase and Contract 
shall assist each agency, department and univer- 
sity in developing a plan and provide technical 
assistance to reach the set objectives related to 
the purchases of goods and services. 

(c) Each agency, department and university 
head shall designate from its staff coordinators 
for the Purchase and Contract, State Con- 



595 



i\ORTH CAROLINA REGISTER 



EXECUTIVE ORDERS 



struction and Real Estate Acquisitions compo- 
nents of the Program. The names of said 
coordinators shall be forwarded to the Deputy 
Secretary of the Department of Administration 
for Government Operations. 

(d) I he Director of the Office of State Con- 
struction in cooperation with the Governor's 
Special Assistant for Minority Affairs, shall de- 
velop a plan for achieving the objectives of the 
State Construction component. 

(e) The Du'ector of the State Property Office 
in cooperation with the Governor's Speaal As- 
sistant for Minority Affairs shall develop a plan 
for achieving the objectives of the Real Estate 
Acquisitions component. 

(f) I'he Mmority Business Development 
Agency, Small Business Division of the Depart- 
ment of Commerce shall continue to certify that 
businesses ovsncd and controlled by minorities, 
women and handicapp)ed {persons are, in fact, 
owned and controlled by those so classified. 
This agency shall also provide technical assist- 
ance to businesses interested in the Program. 

(g) The Minority Busmess Development 
AgencN , Small Business Division of the Depart- 
ment of Commerce, together with the Division 
of Purchase and Contract and the State Con- 
struction Office, shall prepare and make available 
a director) of businesses owned and controlled 
by minonties, women and handicapped persons 
to facilitate the accomplishment of tliis Program. 



Section 3. REPORTING AND 
EVALUATION 

(a) The Division of Purchase and Contract, the 
Office of State Construction and the State Prop- 
erty Office shall rep)ort purchase and contract and 
sub-contract opportunities and awards on a 
quarterly basis to the Governor's Special Assist- 
ant for Minority Affairs. 

(b) The Governor's Special Assistant for Mi- 
nority Affairs shall monitor and evaluate the 
Program and report the same on a quarterly basis 
to all agency, department and university heads. 
He shall also conduct review meetings with all 
agencies, department and university heads or 
their designees on an as needed basis. 

(c) The Director of the Division of Purchase 
and Contract, the Director of the State Con- 
struction Office and the Director of the State 
Prof>erty Office shall develop and implement 
guidelines and procedures for ensuring that the 
State's contracts contain requirements that its 
contractors comply with federal EEO require- 
ments or its equi\alent. 

Section 4. PRIOR ORDI RS 

All prior Executive Orders or portions of prior 
Executive Orders inconsistent herewith are 
hereby repealed. 

Done in the Capital City of Raleigh, this 14th 
day of September, 1988. 



NORTH CAROLINA REGISTER 



596 



VOTING RIGHTS ACT FINAL DECISION LETTER 



/(/S. /2(l-30.9H, effeclh'e July 16, I9S6, requires that all letters and other documents issued by the 
A ttorncv General of the United Slates in which a final decision is made concerning a "change af- 
fecting voting" under Section S of the Voting Rights Act of 1965 be published in the North Carolina 



U.S. Department of Justice 
Civil Rights Division 

WBR:.\!\I' l'.\R:gmh 

DJ 166-012-3 Voting Section 

W3570 P.O. Box 66128 

W6833 Washington, D.C. 20035-6128 

September 12, 1988 

Jesse I . Warren, Esq. 

City .Attorney 

Draper W-2 

Greensboro, North Carolina 27402 

Dear Mr. Warren: 

This refers to the annexations (Ordinance No. 88-94) and the designation of the annexed area for 
the City of Greensboro in Guilford County, North C;irolina, submitted to the .Attorney General pur- 
suant to Section 5 of the Voting Riglits Act of 1965, as amended, 42 L'.S.C. 1973c. We received your 
submission on July 14, 1988. 

Ihe Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 
51.41). 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 



Ger;ild W. Jones 
Chief, Yotine Section 



597 NOR TH CAROLINA REGIS TER 



PROPOSED RULES 



TITLE 13 - DEPARTMENT OF LABOR 

IS otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Department of Labor intends to 
readopt rule cited asl3 NCAC 7C .OI03(a)( 12); 
amend rules 13 NCAC 7C .0103(c); 13 NCAC 
13 .0401, .0402 and adopt rule 13 NCAC 15 
.0503. 

1 he proposed effective date of this action is 
February I, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on November 9, 1988 at Auditorium, High- 
way Building, I South Wilmington Street, 
Raleigh. 

O omment Procedures: People wanting to present 
oral testimony at the hearing or who want to have 
written testimony read at the hearing should pro- 
vide a written summary of the proposed testimony 
to the department by November 4, 1 988. Oral 
presentations will be limited to 15 minutes each. 
Written statements not presented at the hearing 
will be accepted by the department until November 
9. 1988. All correspondence should be directed 
to Bobby Bryan, N. C. Department of Labor, 4 
West Edenton Street, Raleigh, NC 27601. Inter- 
preters for the hearing impaired will be made 
cnailable if requested 24 hours in advance. 

CHAPTER 7 - OSHA 

SUBCHAPTER 7C - SAFETY AND HEALTH 

SECTION .0100 - GENERAL INDUSTRY: 
CONSTRL CTION AND AGRICULTURE 

.0103 AGRICULTURE 

(a) The commissioner has adopted the Occu- 
pational Safety and Health regulations for Agri- 
cuhure, Title 29 of the Code of Federal 
Regulations, Part 1928, as the same appears in 
the 40th \olume of the Federal Register 
18254-18267 (Apnl 25, 1975), with the foUowing 
additions, deletions and amendments: 

( 12) Subpart I -_^ General environmental con- 
trols -_ 29 ~CFR 1928.110, Paragraphs (b] 
through (d), as pubUshed in 52 FR (May 
1, 1987) page 16095. 
(c) Ihis rule is adopted in accordance with G.S. 
150B- 14(b). 

Statutory Authority G.S. 95-131. 

CHAP lER 13 - BOILER AND PRESSURE 
VESSEL 



SECTION .0400 - GENERAL REQUIREMENTS 

.0401 MINIMUM STANDARDS 

(a) The construction, installation, alteration, 
inspection, stamping, repair, and operation of all 
boilers and pressure vessels except non-standard 
boilers £ind pressure vessels and North Carolina 
"Specials" shall conform to these rules and the 
American Society of Mechanical Engineers' 
Boiler and Pressure Vessel Code, 19 8 3 e dition 
witfe addenda through oummor, 1981, 1986 edi- 
tion with addenda through winter, 1987, which 
i? hereby adopted by reference. Paragraphs 
A-33, A-37, A-40, A-49, A-53, and A-61 of the 
ASME Code, Section I, are hereby made man- 
datory. This paragraph is adopted in accordance 
with G.S. 150B- 14(c). 

(b) The following sections of the National 
Board Inspection Code, 1983 1987 edition, are 
hereby adopted by reference and apply to all 
boilers and pressure vessels, as follows: 

(1) Chapter III, Repairs and Alterations to 
Boilers and Pressure Vessels by Welding; 
and 

(2) Appendices A and D-VR. 

This paragraph is adopted in accordance with 
G.S. 150B-14(b). 

Statutory Authority G.S. 95-69.11; 95-69.13; 
95-69.14. 

.0402 ADDITIONAL STAMPING AND 
REGISTRATION 

(f) Boilers or pressure vessels shall be exempt 
from the requirements of Paragraph (a) of this 
Rule v/hcn: 

(1) The owner or user provides to the director 
reliable documentation from the manufac- 
turer, including a third party inspection re- 
port, that the boiler or pressure vessel was 
designed and constructed to specifications 
and requirements equivalent to those en- 
forced b^ the National Board of Boiler and 
Pressure Vessel Inspectors at the time of 
construction of the boiler or pressure vessel, 
and; 

(2^ The director determines that the design and 
construction requirements of the National 
Board of Boiler and Pressure Vessel Inspec- 
tors m effect at the time of construction were 
adhered to and that based upon such criteria 
and information that is available, the boiler 
or pressure vessel complies with all other 
provisions of the Uniform Boiler and Pres- 
sure Vessel Act of North Carolina and these 
Rules. 



Statutory Authority G.S. 95-69.11; 95-69.14. 



NORTH CAROLINA REGISTER 



598 



PROPOSED RULES 



CHAPTKR IS - ELEVATOR AND AMUSEMENT 
DEVICE DIVISION 

SECTION .0500 - CIVIL MONEY PENALTIES 

.0503 REFLSAL TO ISSLE CERTIFICATE OF 
OPERATION 

The commissioner may refuse to issue a Certif- 
icate of Operation for a device when the owner 
or operator of the device has received an order to 
pay a civil penalty which has become a fmal or- 
der, but the penalty remains unpaid. 

Statuton' Authority G.S. 95-/ J 0.5; 95- J J 0.6; 
95-1 1 1.4: 95-1 1 1.6'. 



(e) Listing of Waters Classified ORW. Waters 
classified as ORW with specific actions to protect 
exceptional resource values are listed as follows: 

(12) Henry Fork (Catawba River Basin, Index 
Nos. 11-129-1-(1) and 1I-129-1-(2)| m^ 
eluding all tributary waters will have no 
discharges of waste except those existing 
swimming pools and existing trout farms 
qualifying for a general permit m accord- 
ance with 15 NCAC 211 Section .0100. 

(13) Jacob Fork [Catawba River Basin, Index 
Nos. ll-129-2-(l) and 1 1-129-2-(4)| m- 
cluding aU tributary waters will have no 
new discharges of waste nor will any ex- 
isting dischargers be allowed to expand 
beyond their existing permitted wasteflow. 



TITLE 15 DEPARTMENT OF NATURAL 

RESOl RCES AND CONLML^TTY 

DEVELOPMENT 



Staiulory Authority G.S. 143-2/4. J. 

SECTION .0300 - ASSIGNMENT OF STREAM 
CL.ASSIFICATIONS 



J\ otice i.s hereby given in accordance with G.S. 
/50B-/2 that the Division of Environmental Man- 
agement intends to amend rule(s) cited as /5 
SCAC 2B .02/6 and .0308. 



Th 



he proposed effective date of this action is April 
/. /9S9. 

1 he public hearing will be conducted at 7.00 
p.m. on iXovember 7, /9SS at Western Piedmont 
Community College Auditorium, /GO/ Burkemont 
Avenue, Mor^anton, \orth Carolina. 



Cc 



omment Procedures: All persons interested in 
this matter are invited to attend. Comments, 
statements, data and other information may be 
submitted in writing prior to, during, or within 30 
days after the hearing or may be presented at the 
hearing orally. Oral statements may be limited 
at the discretion of t fie hearing officer. Submittal 
of written copies of oral statements is encouraged. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SLBCHAPIER 2B - ORGANIZATION OF 

ENVIRONMENTAL MANAGEMENT 

COMMISSION 



.0308 CATAWBA RIVER BASIN 

(c) The Catawba River Basin Schedule of 
Classifications and V\'ater Quality Standards was 
amended effective: 

(1) .March 1, 1977; 

(2) August 12, 1982; 

(3) April 1, 1979; 

(4) Januar, 1, 1985; 

(5) August 1, 1985; 

(6) February 1. 1986; 
iJX March 1, 1989. 

(d) The Schedule of Classifications and Water 
Quality Standards for the Catawba River Basin 
was amended effective March J^^ 1989 as follows: 

[XX Henr>- Fork [Index Nos. 11-129-1-(1) and 
1 1-129-1-(2)| from source to Laurel 
Creek, including all tributaries, were re- 
classified from Class WS-I, C and C trout 
to Class WS-I ORW, C ORW and C 
trout ORW. 

Qi Jacob Fork [Index Nos. ll-129-2-(n and 
ll-129-2-(4)i from source to N.C. Hwy 
127, including all tributaries, were reclas- 
■sified from Class WS-III trout and WS-III 
to WS-III trout ORW and WS-Ill ORW. 

Statutory Authority G.S. 143-214./; 143-2/5./; 
l43-2/5.3(a)(/j. 



**:*r******-*:*:fc*:i*r**:fc'* 



SECTION .0200 - CLASSIFICATION AND 

WATER QL.VLITV SIWNDARDS 

APPLICABLE TO SLRFA( E W VIERS OF 

NORTH CAROLINA 

.0216 Ol [STANDING RESOURCE WATERS 



No 



otice is hereby given in accordance with G.S. 
/50B-12 that the Wildlife Resources Commission 
intends to adopt, amend, rule(s) cited as /5 
SCAC /OF .0342, .0359, and .0360. 



599 



NORTH CAROLIiSA REGISTER 



PROPOSED RULES 



1 he proposed effective date of this action is 
February 1, 1989. 

1 he public hearing will be conducted at 9:00 
a.m. on November 2, 1988 at Room 386, Archdate 
Bldg., 512 North Salisbury Street, Raleigh. NC. 

C^ omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing, or by mailing to Wildlife Resources 
Commission, 512 N. Salisbury St., Raleigh, NC 
2761 1. The record of hearing is open from 
1 01 201 88 to //1 15/88. 



CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SIJBCHAPIER I OF - MOTOR BOATS AND 
WATER SAI ETY 

SECTION OJtOO - LOCAL WATER SAFETY 
RK.LLATIONS 

.0342 - CATAWBA COUNTY 

(a)Rt ' gulatt'd iVroa. 54«« Rul e applioo esly te 
tho ' j e watLTii e4' Lak e Hiukor)' which af» locat e d 
ift Catawba County. 

(b)SipL'LiJ Limit. Ne poroon shall oporat e any 
motorhoat »f vei .j i e l at- groator than no wako 
[ . pood w i thin ^ yard ' ) ef tke pubho Fnihing f>i«f 
located at- t^^ bM Wildlif e GM» eff 4-dt^ Streot 
Driso, NW, Gtiy ef lliokor>'. 

(a) Regulated Areas. This Rule appUes to the 
foUowint; waters of Lake Hickory: 

(1) The public fishing pier located at the old 
WildUfe Club off I2th Street Dnve. NW, 
City of Hickory; 

(2) The shores of the Dixie Boat Club, inc. 

(b) Speed Limit. No person shall operate a 
ves.scl at greater than no-wake speed in the waters 
of the regulated area specified in Paragraph (a) 
of this Rule. 

(c) Placement and maintenance of Markers. 
The governing board of the City of I lickory and 



the Catawba County Board of Commissioners 
are ie designated ae » suitable agonoy agencies for 
placement and maintenance of markers imple- 
menting this Rule, subject to the approval of the 
United States Coast Guard and the United States 
Army Corps of Engineers. 

Statutory Authority G.S. 75A-3; 75A-I5. 

.0359 CHEROKEE COUNTY 

(a) Regulated Area. This rule applies to the 
waters within 50 yards of the following boating 
facilities on Hiawasse Lake: 

(1) Hiawasse Hideaway Marina; 

(2) Shock's Boat Dock; 

(3) Bear Paw Marina; 

(4) TVA Boat Ramp at Micken's Branch. 

(b) Speed Limit. No person shall operate any 
vessel at greater than no-wake speed on the wa- 
ters of the regulated areas as described in Para- 
graph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
Lhe Cherokee County Board of Commissioners 
is designated a suitable agency for the placement 
and maintenance of markers implementing this 
rule. 

Statitto/y Authority G.S. 75A-3; 75A-I5. 

.0360 GRAHAM COUNTY 

(a) Regulated Area. This rule applies to the 
Lake Santcctlah Boat Dock on Lake Santeetlah 
in Graham County. 

(b) Speed Limit. No person shall operate a 
vessel at greater than no-wake speed within 50 
yards of the regulated area as described in Para- 
graph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
The Graham County Board of Commissioners 
is designated a suitable agency for the placement 
and maintenance of markers implementing this 
rule. 

Statutory Authority G.S. 75A-3; 75A-I5. 



NORTH CAROLINA REGISTER 



600 



NC AC INDEX 



IITLE/MAJOR Dr\ ISIONS OF THE NORTH CAROLINA AD.MIMSTRATIV E CODE 
IITLE DEPARTMENT 

1 Admmistration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 Elections, State Board of 

9 Governor, Office of the 

10 Human Resources, Department of 

11 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control and Public Safety, Department of 

15 Natural Resources and Community Development, Department of 

16 Education. Department of 

17 Revenue, Department of 

18 Secretax}' of State, Department of 
19A Transportation, Department of 
20 Treasurer, Department of State 

*21 Occupational Licensing Boards 

22 AdmirLi5trati\e Procedures 

23 Community Colleges, Department of 

24 Housing Finance Agency 

25 State Personnel, Office of 

26 Administrati\ e Hearings. Office of 

NOTE: Title 21 contains the chapters of the various occup.ational licensing boards. 
CHAPTER LICENSESG BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Pubhc Accountant Examiners, Board of 

10 Chiropractic Examiners. Board of 

12 Contractors, Licensing Board for 

14 Cosmetic /Vrt Examiners, Board of 
16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Foresters, Board of Registration for 

21 Geologists, Board of 

22 Hearing .*Vid Dealers and Fitters Board 
26 Landscape Architects, Licensmg Board of 

28 l.andscape Contractors, Registration Board of 

31 Martial & Family Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifer,' Joint Committee 

34 Mortuary Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 Optometry, Board of Examiners in 



601 NOR TH CAROLINA REGIS TER 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



NOR TH CAROLINA REGIS TER 602 



CUMULATIVE INDEX 



CUMULA Tin: INDEX 

(April 1988 ■ March 1989) 



1988 - 1989 

Pages Issue 

1 - 25 1 - Apnl 

26 - 108 2 - April 

109 - 118 3 - May 

119 - 145 4 - May 

146 - 184 5 - June 

185 - 266 6 - June 

267 - 294 7 - July 

295 - 347 8 - July 

348 - 400 9 - August 

401 - 507 10 - August 

508 - 523 II - September 

524 - 593 12 - September 

594 - 606 13 - October 



AO - Administrative Order 

AG - Attorney General s Opijiions 

C - Correction 

E - Errata 

EO - Executive Order 

EDE - Final Decision letters 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

ERA - List of Rules Affected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Orgariization 

TR - Temporary Rule 



ADMIMSIRATION 

Administrati\e /Vnalysis Division, 447 PR 

Auxiliary Services, 270 PR 

Dcpartmentcd Rules, 270 PR 

State Construction, 187 PR 

^'outh Advocacy and Involvement Office, 148 PR 

ADMIMSIRAIIVE HEARINGS 

Ck-neral, 579 PR 

Hearings Division, 76 PR, 581 PR 

Rules Division, 580 PR 

ADMINISTRAIIVE ORDER 

Administrali\e Order, 369 AO 



60.^ 



NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



ac;riclltlre 

Food and Drug Protection Division, 271 PR 

N.C. Pesticide Board, 524 PR 

N.C. State Fair, 451 PR 

Plant Industry, 453 PR 

Standards Division, 452 PR 

Structural Pest Control Committee, 296 PR 

COMMERCE 

Alcoholic Beverage Control Commission, 276 PR 
Milk Commission, 120 PR, 190 PR 

COMMLM I Y COLLEGES 

Commumty CoUeges, 287 PR, 557 PR 

CORRECTION 

Division of Prisons, 490 FR 

CRLME CONTROL AND PI BLIC SAFETY 

.AJcohol Law Enforcement, 47 PR 



ELECTIONS 






State Board of Elections, 


120 PR 




EXECl rn E ORDERS 






Executive Orders 68 - 


■ 71, 1 


EO 




72, 119 


EG 




73, 146 


EO 


74 - 


• 75,508 


EO 


76 ■ 


■ 77, 594 


EO 



FINAL DECISION LEITERS 

Votinii Rights Act, 5 FDL, 26 IDL, 185 FDL, 267 I DL, 295 FDL, 370 FDL, 
401 FDL, 511 FDL, 597 FDL 

GENERAL SLATLTES 

Chapter 7A, 348 GS 
Chapter 143B, 350 GS 
Chapter 15()B, 352 GS 

HI MAN RESOLRCES 

Division of -Aging, 229 PR 

Drug Commission, 1 13 FR 

Facility Services, 455 PR, 524 PR 

Ileahh Services, 7 PR, 220 PR, 296 PR 

Medical Assistance, 7 PR, 30 PR, 109 PR, 121 PR, 237 PR, 303 PR, 461 PR 

Mental Health; General, 457 PR, 530 PR 

Mental lleahh: Other Programs, 530 PR 

Mental Health: Hospitals, 459 PR 

Office of the Secretar>-, 31 PR 

Social Ser\'ices Commission, 27 PR, 531 PR 

Vocational Rehabilitation Services, 371 PR 

INDEPENDENT AGENCIES 

Housmg Finance, 21 PR, 134 PR, 255 PR, 518 PR 

rSSLRANCE 

Agent Ser\ices, 238 PR 



NOR TH CAROLINA REGIS TER 604 



CUMULA TIVE INDEX 



Company Operations Division, 470 PR 

Fire and Casualty Division, 32 PR, 461 PR 

Fire and Rescue Services Division, 122 PR, 149 PR 

Fife: Accident and Health Division, 534 PR 

JUSTICE 

Criminal Justice Education and Training Standards, 304 PR 
Private Protective Ser\-ices, 303 PR 

LABOR 

Boiler and Pressure Vessel, 598 PR 

Flevator and .\musement Device Division, 599 PR 

Office of Occupational Safety and Health, 598 PR 

LICENSING BOARDS 

Cosmetic AiX Examiners, 283 PR, 473 PR 

CPA, 73 PR, 472 PR 

Examiners of Electrical Contractors, 151 PR 

Heanna Aid Dealers, 77 ER 

Nursing, 376 PR, 477 PR 

Podiatry Examiners, 377 PR 

LIST OF RULES AFFECTED 



Apnl 1 


, 1988 


, 102 ERA 


May 1, 


1988, 


137 ERA 


June 1. 


1988, 


260 ERA 


July 1, 


1988. 


335 ERA 


August 


1, 1988, 496 ERA 


September 1, 


1988, 585 ERA 



NATURAL RESOURCES AND COMMLAITV DE\ ELOPMENT 

Coastal Management, 11 PR, 67 PR, 254 PR, 281 PR 
Community Assistance, 69 PR, 555 PR 
Division of Economic Opportunitw 556 PR 
Environmental Management, 241 PR, 278 PR, 599 PR 
Forest Resources, 68 PR 
Marine Fisheries, 62 PR 
Soil and Water Conser\ation, 111 PR 

WildUfe Resources and Water Safety, 111 PR, 282 PR, 470 PR, 513 PR, 555 PR, 
599, PR 

REVENUE 

License and Excise Tax, 1 13 FR 

Motor Fuels Tax. 258 FR 

Sales and Use Taxes, 386 FR, 584 FR 

SECRETARY OF STATE 

Securities Division. 125 PR 

STATE PERSONN.EL 

State Personnel Commission, 135 PR, 333 PR, 559 PR 

STATE TREASl RLR 

Escheats and .Abandoned Property, 328 PR 
Local Government Commission, IS PR 
Retirement Systems, 513 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 403 SO 



605 i\OR TH CAROLINA REGIS TER 



CUMULA TIVE INDEX 



TRANSt'ORlATION 

Division of Motor Vehicles, 172 FR, 258 FR 



NORTH CAROLINA REGISTER 606 



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